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Description
Flashcards by Luke Jones, updated more than 1 year ago
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Created by Luke Jones
almost 4 years ago
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| Question | Answer |
| What is Judicial Precedent? | Judicial precedent is decisions that judges make based on prior court rulings. |
| What is Stare Decisis? | "Standing by" the decisions made by previous judges and not straying from the precedent that has been created |
| What is Ratio Decidendi | The reasons given for the decision made by a previous judge |
| What is Obiter dicta? | Obiter dicta is "other things said" by the judge that is not the ratio decidendi. that does not affect the ruling of any other courts. |
| What is the hierarchy of the court system? (Criminal) | Supreme Court Court of Appeals High Court Crown Court Magistrates Court |
| What is the hierarchy of courts (civil) | Supreme Court Court of Appeals Divisional Court High Court County Court Magistrates Court |
| What is "Overrulling" | When a court in a later case decides that the decision made in a previous case was wrong. E.g. Pepper v Hart (1993) |
| What is "Overturning" | When a court in the higher parts of the hierarchy reverses the decision in an appeal of the ruling from a lower court in the same case |
| What are some advantages of Judicial Precedent? | 1 - Certainty - It means that people know from past cases what the law and precedent is and how they may be treated in said case. 2 - Consistency - As precedent is set, it means that the law is consistent as ruling doesn't change between cases meaning in turn the law is fairer |
| What are some disadvantages to Judicial Precedent? | 1 - Complexity - Due to the sheer number of court cases that there have been, it can be difficult to get a precedent from every case 2 - Rigidity - The fact that those in lower courts have to follow the decision of those in higher courts, injustice may be done more than once due to predecent |
| What cases can be used for judicial precedent? | Davis v Johnson (1979) Pepper v Hart (1993) Jones v Secretary of State for Social Services (1972) |
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